Sir Raymond Knight sat at his desk going over the notes he had made while talking to all concerned parties in the assault case against Midshipman Lancaster. By concerned parties, he meant Lancaster, Lum and Domingo Chavez.
Knight had talked to a number of soldiers who were known to have been in the bar at the time of the incident. However, none claimed to have seen or heard anything out of the ordinary. Giving a sigh, Knight pushed his chair back and thinking aloud said, "Well, it don't help none but it don't hurt us either." It all boiled down to how well the three did being cross examined by the provost marshal. Lum was the key. If he did well Lancaster would be free, otherwise…
The governor had appointed a judge to hear the case as he had stated. However, Tonyn had left it up to the Army to provide a prosecutor and the Navy a defender. Lord Anthony had immediately picked Knight to act in Lancaster 's defense. He of all the other officers was the only one who didn't know the midshipman or Lum so it was felt he would be more objective.
He had also been present for Sir Percival and the flag captain's court martial after the flagship had been sunk. Therefore he was familiar with the proceedings. A knock at the cabin door broke Knight's train of thought.
"First Lieutenant, suh," the marine sentry announced and stood aside to let Lieutenant Brooks enter.
"It's time captain. Your cox'n has your gig ready."
"Thank you," Knight said as he buttoned his shirt, put on his coat and took a quick look at shoes. "Well, Mr. Brooks, Neptune is yours till I return."
"Aye, captain, I'll keep a sharp lookout." Brooks also knew about Knight having to fight a one-sided battle in a sinking ship right here at this anchorage.
I'll not let the damn rogues get within cannon range without being sighted, Brooks thought. Nay, the buggers will find a heated welcome should they try it again.
"Gentlemen, this trial is called to order," the judge called from his seat behind a large table. "While we have military officers in key roles please remember this is a civil matter and as the defendant has waived his right to a jury, I will decide as to the verdict, innocent or guilty.
Is there any questions?"
Since neither the Army provost, a Major Macpherson, nor Captain Knight had any questions, the judge continued.
"As long as order is maintained I will allow those interested into the courtroom. I will allow each of you a quarter hour then we will start. Major Macpherson, you will begin."
Lord Anthony and Gabe sat behind Knight and Midshipman Lancaster and listened as Macpherson went through the incident with the soldier who was a Corporal Johnson.
"Now Johnson," Macpherson's thick brogue resonated throughout the courtroom, "On the night in
question did you provoke the midshipman before he attempted to murder… ere before he assaulted you?"
"No suh," the corporal sounded off as if he was on parade.
"Did you slander the midshipman in any way?"
"No suh."
Unable to contain himself, Gabe whispered to Lord Anthony, "A shilling says the lout doesn't even know what the word slander means."
"We have all been made aware of your grievous injuries so we will not go into specifics, but tell me now corporal, were you intoxicated to the point you may have said or did something that was so objectionable to cause Mr. Lancaster to act so violently?"
"No suh."
"Very well," Macpherson said and turned to Knight and made a slight bow.
Knight approached the corporal and said, "Tell me, do you know what it means to tell the truth?"
"No suh," the corporal responded automatically as he'd been doing then realized what he'd said. He tried to correct himself but before he could the courtroom erupted in laughter.
"Could you define intoxicated, corporal?" Knight asked as soon as things were quieted.
"Sir," Macpherson said rising, and then looking at the judge he said, "We are not here to discuss this man's vocabulary."
Knight then turned to the corporal and said, "Do you drink?"
"Yes suh!"
"Have you ever been drunk?"
"Yes suh!"
"When you get drunk do you often pick fights?"
"No suh!"
The corporal continued to answer but started to sweat as the last few pointed questions were asked.
Seeing Johnson sweat, Knight continued, "Do you ever get drunk and desire men?"
"No suh! I ain't no sodimite suh."
"But you do like to bully young boys don't you corporal?"
"No suh!"
Looking at the pitiful man Knight figured he'd never get more out of him. "No more questions," he said.
Major Macpherson then stood, "I have nothing further. I feel it is evident the accused acted impulsively over some imagined slight or insult and should be punished for his actions."
"Indeed?" the judge replied. "Captain Knight, do you have a witness for the defense?"
"Yes sir, I do." Then making a quick decision he continued, "I have two witnesses but I feel one could add very little other than to attest to the corporal's character and I feel we are all aware of that at this point." This comment caused Macpherson to raise his eyebrows but he didn't respond. Knight then called Lum. After Lum was sworn in, Knight asked several questions to establish Lum's presence and his witnessing the event.
"Now, Lum, the defendant states he was accosted by the corporal. Is that what you saw?"
"Well suh, I don't rightly know what dat word accosted means but I see'd dat sodjer grab Mistah Lancaster's arse and try to kiss 'em. Ata' Mr. Lawrence slapped 'em a wallop, dat sodjer says he's gona make poh Mistah Lancaster squeal lak a pig. He den started biten on Mistah Lancaster's ear and bit it clean off. Then Mistah Lancaster shot 'em wid a pistol."
"Thank you, Lum," Knight said, amazed at how the black man had told his story without being prompted,
unlike the corporal. Then not to be outdone, Knight turned to Macpherson and gave an exaggerated bow.
Macpherson seemed to be thinking, then approached Lum and said in an audible whisper,
"Would you lie for the midshipman?"
"Lawd Gawd, no," Lum cried out, "Not ata' I done sworn to tells the truth. Maybe if I hadn't sworn on dat bible I mightun' stretch thangs a mite but Lum don't lie oncst he done laid his hand on God's word." The judge tried not to smile at Lum's frank honesty.
"Well," Macpherson continued, "Lum, you said you were at a table sitting by the stairs?"
"Yah suh!"
"And you said the corporal and Lancaster was standing about five feet away with Lancaster facing the bar and Johnson facing toward the fireplace?"
"Yah suh! Dats de way it was."
"And you saw Johnson bite off Lancaster 's ear?"
"Yah suh!"
"Humph! Tell me Lum," Macpherson said picking up the bible from the judge's table, "Can you see my hand through this bible?"
"No suh. I shore can't."
"Then tell me," Macpherson said sarcastically,
"How you saw through Mr. Lancaster's head to see Johnson biting off his ear? Now the truth is sir, you didn't really see Johnson biting off the ear did you?"
"Naw," Lum said with his eyes looking upwards seemingly in deep thought. "Nah suh, thinking back I don't recon I can truthfully sat I saw dat sodjer bittin' off Mr. Lancaster's eah."
Damn, thought Knight.
However after a slight pause Lum continued his testimony, "But he was looking straight at me when he spat it out."
Upon hearing Lum's statement the courtroom erupted into hysterical laughter. It was several minutes before order could be restored.